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Mumbai:
The Bombay High Court has refused to stay an interim
order barring Reliance Industries from selling gas from
its KG basin fields to any other entity except the Anil
Ambani group and NTPC but allowed the government to go
ahead with fixing the gas price.
A
division bench of Justices J N Patel and Amjad Sayed adjourned
hearing on RIL''s appeal for eight weeks to allow a single
bench court to complete hearing on the plea filed by Anil
Ambani''s RNRL that sought to prevent the Mukesh Ambani
firm from creating third party interest on RIL''s gas assets.
The
single judge bench had in an interim order in May barred
RIL from selling 40 million standard cubic meters per
day (mmscmd) of gas, half of the projected output from
KG fields, to anyone other than RNRL and NTPC.
However,
after reports of RIL inviting price bids from customers
emerged, RNRL again approached the court and the single
bench in June barred RIL from creating third party interest
on the entire volume.
The
division bench refused relief to RIL on the interim order
but said "we do not find anything in the impugned
(previous) orders which prevent central government from
going ahead in the matter of price fixation under the
production sharing contract between the central government
and the appellant (RIL)".
The
price discovery undertaken by RIL, which is being examined
by government, would continue.
RNRL''s
original appeal would be heard by the single bench from
July 19 and RIL has the right to appeal to the division
bench in case it is aggrieved by the final verdict.
RIL
had challenged an interim order by Justice A M Khanvilkar
restraining it from selling 40 million standard cubic
meters of gas per day to be produced in Krishna Godavari
gas field, which RNRL says has been committed to it for
its power plants.
In
May, Khanvilkar had restrained RIL from entering into
any contract for supplying to a third party the 28 mmscmd
committed by RIL to RNRL under the demerger scheme. The
court had also directed RIL would not sell the 12 mmscmd,
to be supplied to RNRL if RIL''s deal with the NTPC fell
through.
RNRL
has alleged that due to lack of commitment to supply the
gas on RIL''s part its 7480 MW Dadri power project could
not be set up.
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